METRO VANCOUVER --The Delta police department will take over the investigation into the case of two Vancouver police officers who injured an innocent man in a case of mistaken identity.

Police Chief Jim Chu made the announcement Friday at a media conference on the police complaints process held by SUCCESS, an agency that provides services to immigrants and others with language barriers in B.C.

Chu said he asked the Delta police department to take over after learning Yao Wei Wu had retained the services of high-profile lawyer Cameron Ward — which Chu believes "complicates" the investigation.

Ward, who has represented many clients with complaints against the police, was arrested, jailed and strip-searched in 2002 after he was falsely suspected of planning to throw a pie at Jean Chretien.

The courts ordered the city and province to pay him $10,000 but the case has been appealed to the Supreme Court of Canada for a ruling on whether litigants can be financially compensated when their charter rights are violated.

"It was my interest to have the VPD conduct a thorough and timely investigation to a standard that Mr. Wu and his advisers would agree that that was a thorough and timely investigation," said Chu.

"Because of the complication involving Mr. Ward and the VPD during this investigation, I felt it was better the Delta police take it over."

Ward sent a letter to the city clerk Thursday expressing Wu's intent to sue.

"Please be advised that Mr. Wu will be commencing a claim for damages for personal injury against the City of Vancouver and those responsible," he wrote.

Ward also claimed in his letter that police officers had repeatedly visited Wu in attempts to dissuade him from taking legal action — an allegation Chu denied.

"I do not know of any basis why Mr. Ward would make that accusation," said Chu, adding that police visits so far have only been to obtain clarification regarding a record of complaint filed by Wu.

Wu, 44, was injured by police officers Jan. 21 in a case of mistaken identity. Police responding to a domestic assault call had gone to the correct residence, but wrong suite.

The encounter that ensued left Wu — who does not speak English — bloodied, with an eye swollen shut.

He has been unable to resume work at his flooring job due to blurry vision and an aching body. A doctor advised his wife, Nan Man Chi, suffering from emotional distress, to stay home from her restaurant job.

Chu personally apologized to Wu and his family following the Jan. 21 incident.

At a press conference with a concerned citizens' group on Wednesday, Wu said he originally felt good about the 30-minute meeting and that it showed Chu was taking initiative.

"We were working with Mr. Wu," said Chu. "He was co-operative with us. Yesterday that cooperation ceased. That is why we turned it over to the Delta police."

Police complaint commissioner Stan Lowe was on hand to explain the complaint process and ensure the body's impartiality.

"We act fairly, objectively and impartially in our oversight of police complaints," said Lowe. "I need to emphasize that while I appear with Chief Chu this morning, our office operates completely independent of police, government agencies and political parties. We are dedicated public servants."

New Democrat public safety critic Don Davies, member of parliament for Vancouver-Kingsway, commended the Vancouver police for their apology but persisted in his call for an independent investigation with civilian oversight.

"It's no advantage to me to have the Vancouver police department be investigated by the Delta police department," said Davies. "We still have the problem of police investigating police."

One of the two officers involved in the incident has been put on administrative duties.

awoo@vancouversun.com

Statement by Chief Constable Jim Chu:

Good morning.

I would like to thank SUCCESS for hosting this special public briefing today at their offices. I would also like to thank Police Complaint Commissioner Mr. Lowe for responding promptly that he would take part in today's briefing.

As Police Officers we are trained and always believe strongly in doing the right thing. We are very aware that police officers are held to a higher standard and we strive every day to meet and surpass that standard.

But police officers are also human, and as such, we can sometimes make mistakes and do the wrong thing. When that happens, as it has in the past and we know with certainty, will happen again in the future, we try quickly to right the wrong.

We believe in apologizing without delay when we do the wrong thing and communicating that apology as widely as possible.

It is also possible to make mistakes in our communications. Once again, we believe in acting quickly to right the wrong and apologize for whatever inconvenience or discomfort our mistake may have caused.

We learn of our mistakes mainly in two ways. Either through our own members or members of the public let us know. It is a system built on trust and an understanding that the VPD will investigate the complaints thoroughly, with civilian oversight from the Office of the Police Complaint Commissioner.

At the conclusion of those investigations we take immediate actions that can include reviews of our procedures and policies, discipline or advice for officers, and compensation when appropriate.

There has been lots of debate on the current system. Without going into that debate, I will say that whatever the system is, it our job as police officers to work within that framework and do the best we can.

We currently have 12 investigators in the VPD professional standards section. They do not work in the police building. They have their own office at W. 10th and Cambie Street.

If you have a complaint about the VPD, I can assure you that your information will be received by professional and courteous officers who will assist you and keep you informed throughout the process. As will be stated today, their work has many oversight processes including the independent Police Complaint Commissioner.

I do have an investigative update for you today. The Vancouver Police Department has asked the Delta Police Department to take over the investigation into the arrest of Mr. Yao Wei Wu.

From the beginning of this unfortunate incident the focus of the Vancouver Police Department has been to serve the public interest by providing a thorough and timely investigation into the matter. However, a recent development may create complications that would impede that progress.

Mr. Wu has retained Mr. Cameron Ward as his lawyer. Mr. Ward is already involved in a case personally with the VPD which is still before the courts and this could impede the investigation.

I have notified the Police Complaint Commissioner that I have consulted with Chief Constable Jim Cessford, of the Delta Police Department, and from today onwards, the Delta Police will take charge over the investigation.

In closing, I would like to again express our sincere apologies to Mr. Wu for what happened to him.